Photo: John Minchillo/AP The PREP Act Revisited: Limitations of Immunity and Federal Court Jurisdiction for Nursing Homes
A recent decision out of the Ninth Circuit has held that the PREP Act does not provide federal courts jurisdiction over nursing home wrongful death claims. However, "the unique crisis presented by the COVID-19 pandemic, and the lack of clear information, resources, treatment options and guidance from public health authorities that was available at the time, may provide some help to nursing homes defending their care and treatment of residents in their charge."
May 09, 2022 at 10:00 AM
8 minute read
Nursing homes have faced numerous lawsuits alleging their negligence caused deaths from COVID-19. Many thought they would be able to access federal courts and receive the immunity protections of the Public Readiness and Emergency Preparedness Act, commonly known as the "PREP Act." The PREP Act protects certain covered persons who engage in certain activities during a public health crisis like the COVID-19 pandemic. 42 U.S.C. §247d-6d.
A recent decision by the U.S. Court of Appeals for the Ninth Circuit held that the PREP Act does not provide federal courts jurisdiction over nursing home wrongful death claims. See Saldana v. Glenhaven Healthcare, 27 F.4th 679 (9th Cir. 2022).
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